Prakash Chand vs State of H.P. - 2026 Supreme(HP) 468

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 468

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Prakash Chand – Appellant
Versus
State of H.P. – Respondent

Advocates Appeared:
For the Appellant : Sheetal Vyas
For the Respondent: Ajit Sharma

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment and order dated 20.07.2012, passed by learned Additional Sessions Judge, Shimla, Camp at Rohru (learned Trial Court), vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Section 323 of the Indian Penal Code (IPC) and was sentenced to undergo simple imprisonment for four months for the commission of the aforesaid offence. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Sections 307, 323, 324 and 341, read with Section 34 of the IPC. It was asserted that the victim, Kuldeep Singh (PW1), had gone to Kharapathar, Chunjar, on 24.10.2007. He and Rai Singh, accused (since acquitted), consumed liquor. They met Prakash (the accused/appellant) Govinder, the accused (since acquitted) and Ajvinder on the way. Kuldeep Kumar went to the house of Pappu to demand glasses. However